ILNews

COA uses opinion to clarify sentence claims

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.

David King's appeal of his sentence following a guilty plea to dealing cocaine as a Class B felony in David King v. State of Indiana, No. 49A02-0802-CR-162, prompted authoring Judge Nancy Vaidik to explain inappropriate sentence and abuse of discretion claims are to be analyzed separately. King's inappropriate sentence argument also had references to the abuse of discretion standard.

Because not-for-publication opinions are showing other attorneys are making this mistake, the appellate court wanted to use this opinion to clarify that an inappropriate sentence analysis doesn't involve an argument that the trial court abused its discretion in sentencing the defendant, Judge Vaidik wrote.

Appellate courts may revise a sentence if it is found to be inappropriate in light of the nature of the offense and character of the offender. The location of where a sentence is to be served is reviewable by the appellate court, but isn't subject to a review for abuse of discretion, she continued.

In the instant case, King, who was ordered to serve six years at the Department of Correction, alleges he should have been allowed to serve his time in community corrections or "at least be given the benefit of the mental health evaluation and treatment he clearly needs," but he doesn't detail the treatment. At his sentencing hearing, the trial court noted King claimed to have multiple personality disorder, a diagnosis he made himself.

His counsel failed to present evidence of what type of treatment King allegedly needs and was confused about King's diagnosis. The attorney requested placement with a mental health component, but didn't specify that component, wrote Judge Vaidik. And, King received his medication while in jail awaiting sentencing. Because of this evidence, King failed to persuade the appellate court his placement with the DOC was inappropriate.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT